EB-3 Dismissed — Restaurant: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date, as neither its net income nor its net current assets were sufficient. Furthermore, the petitioner failed to provide evidence, such as letters from former employers, to demonstrate that the beneficiary met the two-year experience requirement for the specialty cook position as specified in the labor certification.

Criteria Discussed

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